What to do if you are not given annual basic paid leave? The employer does not allow you to go on vacation: what to do.

Upon employment, each potential employee is promised guaranteed paid rest, as required by Russian legislation, but does legal right employer won't let you go on vacation? In fact, situations arise when a manager refuses to let an employee go on vacation for various reasons. Is this legal, what actions to take and how to defend your labor rights? Can an employer refuse to allow you to go on vacation legally?

The possibility, in accordance with the law, not to provide rest depends on several parameters:

• type of holiday requested;
• the operating conditions under which such application is made;
• availability of benefits.

After working for six months, the employee, by law, has the right to apply for annual paid leave. It is 28 days a year.

Can an employer refuse to let you go on vacation?

Despite the employee’s right to a paid break from work for several weeks, the law still provides for some conditions, if not met, the employer will be right if he does not release his employee.

Reasons why management has the right not to provide rest to an employee:

1. The employer must draw up a vacation schedule at the end of the year for next year. In exceptional cases, the law allows you to transfer annual paid leave to the next year, but this can only be done by mutual agreement. The employee may not agree.
2. If the employee has not worked the required six months. Before this period, you can rest only with the consent of the employer, since the Labor Code does not oblige you to provide rest if you have not worked the six months required by law. The bosses can get into a position and make concessions, but they are not obliged to do so.
3. Does the employer have the right not to give you leave if you have worked for six months? Only if you want to go to . In other words, the fact that you have worked for six months does not mean that you can immediately go on vacation. This is done only according to the schedule at the enterprise.
4. Taking vacation days is required with subsequent dismissal. Such a decision is made only by mutual consent. Sometimes the boss may agree to let the employee go on vacation, and then fire him according to the procedure. However, he has no such obligation.

Read also The procedure for granting leave to teaching staff

Can an employer not allow you to go on vacation as scheduled?

Does an employer have the right to refuse leave? In some cases - yes, the law provides for violation of the work break schedule only with the consent of the employees themselves. The enterprise must have conditions under which an employee going on vacation would cause irreparable damage to the company. In this case, the vacation is transferred to the next year. There is no fixed form for how a reasoned refusal to grant leave should be formalized. The reasons may be different. The most common situations include illness of a replacement employee and a large workload in production. Entrepreneurs often face similar situations. During the execution of strategic orders, often the majority of the company’s employees agree to postpone vacations in the interests of the company.

It is important to remember that there are a number of citizens whom the employer is obliged to allow on vacation according to the schedule.

It is prohibited to refuse:

• two years in a row
• minors,
• employees engaged in hazardous work,
• at any time to combat veterans,
• to expectant mothers before going on maternity leave,
• students,
• if an employee is raising a young child alone,
• employees working part-time,
• military spouses,
• legal representatives of disabled children,
• honorary donors.

If you are not allowed to go on vacation, and you belong to one of these categories, then you can safely sue.

At your own expense: do they have the right to refuse?

There are categories of employees who are entitled to additional rest without payments. It is also illegal not to allow people to go on vacation at their own expense. Workers in these categories should not worry about... The employer has the right to refuse other categories of workers.

You can count on vacation at your own expense:

• pensioners;
• employees with disabilities;
• combat veterans;
• out-of-state police officers;
• newlyweds;
• employees who become parents;
• employees who have lost loved ones.

In all other cases, refusal to grant time off from work at one’s own expense will be legal. The only way is to try to find common language and agree with the employer in advance.

The Labor Code provides for the right of the employer, if this is necessary to maintain the normal rhythm of the organization’s work (Article 124 of the Labor Code).

The main condition for the legality of the transfer is the employee’s consent to this in writing.. Responsibility for refusing such an offer is not established by law, therefore, if it is important for an employee to go on vacation exactly during the planned period, then he may well refuse the employer.

The employer does not have the right to refuse to allow an employee to go on vacation. He can only transfer this period to another period with the consent of the employee. This procedure is formalized by issuing a transfer order.

Who should not be given leave?

You cannot refuse leave:

• pregnant women before or after maternity leave;
• persons who have adopted a baby under three months of age;
• the spouse of a woman on maternity leave;
• other categories of workers provided for by law.

For the listed persons, the privilege of receiving leave has been established; they do not even need to wait for it to arrive; it is enough to write an application to the employer asking for it.

This application cannot be denied.

It is prohibited not to provide vacation during the year to persons under the age of majority or to those who are working.

Vacation cannot be rescheduled for two years in a row, that is, if an employee’s vacation has already been rescheduled once, then when the time comes for the second time, it cannot be rescheduled again, even with the employee’s consent.

For employees who do not have any privileges in terms of receiving leave, it is provided and transferred to general principles.

Reasons for refusal

The law does not provide clear criteria for determining whether an employee going on vacation will negatively affect the work of an organization or entrepreneur. The employer decides this at his own discretion and agrees on this position with the employee

As an example possible reason To transfer leave, you can cite a situation where the organization has two employees doing the same job, for example, a lawyer. Let's say that the time has come for one of them to go on vacation, but shortly before that, the second employee went on sick leave. In such a situation, if you let the first employee go on vacation, the organization will be left without legal support. If you can’t do without a lawyer, then the manager can ask the employee to postpone the vacation until the second specialist returns from sick leave.

Also, an organization may urgently need all employees to work when receiving a large order from an enterprise producing some product.

In such a situation, the manager may have reason to believe that if one of the employees working in the production sector of the enterprise goes on vacation, then it will not be possible to complete the order within the time period agreed with the customers. He may ask to postpone all vacations falling during this period.

What should an employee do if he is not allowed to go on vacation?

If the employer, despite receiving a refusal to reschedule the vacation, still does not provide it to the employee, although the time for provision has approached, according to the approved schedule, you can apply to various authorities for the restoration of your violated right.

Such an appeal may be sent to the labor inspectorate, trade union or court.

It is advisable to attach copies of documents confirming the right to leave, for example, a copy of the vacation schedule, as well as documents confirming the fact of being in an employment relationship with the employer, to the complaint being sent.

An employee does not have the right to go on leave without permission before an order to grant it is issued. Otherwise, the employer will receive grounds for it.

That is, if you apply somewhere with a complaint, you need to wait until it is will consider, oblige the employer to provide leave and he will comply with this instruction.

Before writing a complaint, you can talk to the employer and inform him that taking a vacation is necessary, for example, because vouchers have already been purchased for the period and vacations for other family members have been agreed upon so that everyone can relax together.

Also in this conversation, if after the first part of the conversation it was not possible to reach agreement, we can say that you don’t want to create a conflict situation, but it interferes with the employee’s legal right to rest and if the leave is not granted, this will be followed by an appeal “to the right place.”

We have already discussed where to go above..

After this conversation, a competent employer, most likely, not wanting to have unnecessary contact with regulatory authorities, realizing that he is obviously the losing party in this situation, will allow a persistent employee to go on vacation. Or, perhaps, he will do this simply, putting himself in the position of a vacationer, because the boss is the same person, and if you build a dialogue correctly, he will understand everything.

The concept of “annual paid leave” is enshrined in the Labor Code of the Russian Federation. Article 114 of the Labor Code of the Russian Federation indicates that this is a form of rest for a fixed period of time. This rest cannot be interrupted. This is due to the fact that the purpose of the vacation is to restore the employee’s performance. The law guarantees the assignment of a job during the rest period and the continuation of payments during this period.

Important: The right to leave appears after the employee has spent more than six months in labor obligations. However, you can go on vacation earlier, but only with the consent of management. Vacation by agreement between the parties is regulated by Article 122 of the Labor Code of the Russian Federation.

The standard duration of annual vacation is 28 days, excluding holidays and official weekends. Certain categories of specialists have the right to increased leave. These include:

• Minors (minimum vacation - 31 days);
• People with disabilities (30 days or more);
• People whose work takes place in child care and education institutions (42 days or more);
• Representatives of the education sector (at least 42-56 days);
• Employees of the prosecutor's office (30 days or more).

The law prohibits management from recalling a subordinate from vacation. Rest can be interrupted only by the voluntary decision of a subordinate. In this case, the part of the vacation period that the person spent at work in the event of a recall is transferred to a period convenient for him or is added to the next vacation period. An employer does not have the authority to request a recall from an employee if:

• The subordinate is under 18 years of age;
• The recalled employee is a pregnant woman;
• The work process takes place on hazardous production or involves danger.

Important: vacation can be transferred to the coming year if the employee agrees to this. However, it is prohibited to work for 2 years in a row without rest.

During the vacation, a person is provided with payments (vacation pay). The procedure for calculating these funds is described in Article 139 of the Labor Code of the Russian Federation. According to the law, vacation pay is an average coefficient from wages for last year. Vacation pay is issued no later than 3 days before going on vacation.

Vacation according to schedule: can a planned vacation be denied?

In order for the company to operate stably and without interruptions, management is given the opportunity to plan a vacation schedule. The alternate rest plan allows subordinates to rest without stopping the production cycle. It is approved no later than 2 weeks before the start of the year and comes into force on January 1st. The vacation schedule is regulated by Article 123 of the Labor Code of the Russian Federation and following it is equally mandatory for both subordinates and management.

Thus, changes to the vacation schedule can be made only a year before the planned vacation, but not in the current year. Thus, if an employee is denied scheduled leave, he can ignore such actions. The law regards scheduled leave as decision made, which is not subject to revision by either party to the employment relationship.

Important: Unscrupulous employers Often the reason for rescheduling a vacation is that “the schedule has been lost.” Such explanations only make the employer's situation worse. All that is necessary is to send a letter with a written request to provide a document in accordance with Article 62 of the Labor Code of the Russian Federation. This article of the code obliges the employer to provide copies upon request of the employee. If such an action is ignored, you should bring copies of the appeal and notification of delivery of the registered letter to the court.

The situation with scheduled vacations also has reverse side for the employee. The approved schedule is not subject to revision, except in cases of mutual agreement. Those. This is a win-win situation if managers refuse leave. But it’s a losing proposition if you yourself want to reschedule your vacation to a more convenient time. In this case, the employer has every right to refuse without explaining the reasons and demand that you go on vacation according to the schedule.

Vacation at your own expense: ways to get vacation and reasons for refusal

Vacation at your own expense is the provision of a break to an employee from work while maintaining his job, but without paying vacation pay.

The Labor Code vaguely indicates the possibilities of obtaining and refusing leave at one’s own expense. According to Article 128 of the Labor Code of the Russian Federation, an employer can provide an employee with such leave if there are good reasons for this.

There is no list of “reasons,” as well as an exact interpretation of this concept. This is a compromise decision that is made by the employer after agreement. If an employee goes on unpaid leave without the consent of the manager, the law allows him to be fired for absenteeism. However, in this case, the refusal of leave may be

An employee requests unpaid leave due to health conditions. The employee does not yet have medical documents confirming the presence of the disease, examination results or other documents justifying the need for treatment. The employer refuses, and the employee voluntarily leaves for treatment.

Naturally, an employer fires a subordinate for absenteeism. After treatment, the employee goes to court, provides the findings of a medical examination, a certificate of stay for treatment in medical institution and other evidence of the validity of absenteeism.

In this case, the court sides with the employees and points out that the dismissal is unjustified.

Those. if a person is denied leave at his own expense, this is not a reason to continue working, despite the circumstances. But if you go on vacation without permission, you should expect legal consequences.

Denial of leave before maternity leave: what to do if you are not allowed on leave

Labor law is especially sensitive to expectant mothers. Unfortunately, most employers studiously ignore this.

The right to leave for pregnant women is guaranteed by Article 260 of the Labor Code of the Russian Federation. According to this article, it does not matter how long the employee has. Even if the girl only managed to work for a month, the leave is given in advance (after all, even while on maternity leave, the person continues to have an employment relationship with the company, and, therefore, can claim the leave allotted for this year, despite the upcoming maternity leave).

The first difficulty on the way to vacation is the HR department. Personnel officers will explain to the expectant mother that there is not enough experience. Such statements should be ignored and instead a written statement should be submitted stating that you are claiming statutory leave.

Important: The application must indicate that leave is required in accordance with Article 260 of the Labor Code of the Russian Federation, and not in accordance with the general procedure.

The only reason why an expectant mother is not given vacation is because she has vacation in the current year. Those. if this year the girl has already been on annual leave, then the next time this can happen only next year.

Important: Maternity leave does not overlap the annual one in any way. Those. a woman has every right to receive all the holidays required by law in a row, without regard to the work process, etc. Often employers realize that time is on their side and delay taking leave. Such actions can be ignored; it is important to submit an application 2 weeks before the upcoming holiday and exercise your legal rights. An employer does not have the right to fire for absenteeism, because there was a fact of advance notification of the employer about the vacation.

Leave with dismissal: compensation or rest

The right to vacation remains even if you leave your job. When writing an application for care at will, the employee has the right to:

1) Compensation for the vacation period;

2) Vacation, after which dismissal will occur.

In the first case, everything is quite simple. The person simply receives monetary compensation. The second case is possible only in cases where the reason for dismissal is not related to the employee’s dishonest performance of his obligations.

Moreover, if compensation for vacation is mandatory, then vacation with dismissal occurs on the personal initiative of management and cannot be obligated.

“Leave with dismissal” actually consists of two unrelated procedures. First, a leave application is written, and then a resignation letter. Both applications are submitted to the employer, and each can be withdrawn independently of the other.

Still have questions? Ask them the BPU of the Legal Services Exchange!

Vacation is one of the preferences that a formal employer does not have the right to violate. At the same time, the nominal head of any organization must pay for the provided leave, regardless of organizational needs. Next, we will tell you what an employee can do if the conditional employer refuses to provide rest according to the schedule.

Does the employer have the right not to grant vacation?

Chapter 19 of the current issue is devoted to this issue. Labor Code. In accordance with the dispositions of the head, the director must ensure that the rights of each formal employee are respected in a timely manner. Article 114 provides for a rule according to which annual leave, regardless of the position held, cannot be less than 28 days. The number of days is calculated in proportion to the number of months worked. The same chapter provides for rest without maintaining the contents prescribed in the agreement.

This issue is being resolved both at the legislative level and at the production level. To receive the second type of preferences, you must have objective reasons, which are specified in Article 121. In any case, the nominal boss must ensure that the personnel department receives the relevant information on time and also carries out everything correctly necessary calculations. Accordingly, in the presence of objective circumstances, the employer does not have the right not to release the employee in most cases.

Can they not allow me to go on vacation as scheduled?

If the time has come for the turn of a conventional staff unit, and it has formed a certain amount days, then, in accordance with Article 121, the nominal employer will not have the right not to release such an employee on the prescribed leave. This will be a serious violation, which will also serve as grounds for contacting the territorial labor inspectorate. It is also impossible to change the schedule specifically to violate the provided right. Therefore, in such a situation, it is necessary to have two elements: an approaching queue and a certain number of already formed days.

What to do if your employer does not allow you to take vacation as scheduled?

It is necessary to establish the actual reasons why the employer decides not to let go of a staff member. After this, it is necessary to require a written explanation of such refusal indicating the exact time. In this case, the most appropriate course of action for a person is to contact the local labor inspectorate. Such regulatory authorities operate on a territorial basis, so it is necessary to clarify its location in advance.

For what reason may they not be allowed to go on vacation?

They can not let go only for two reasons: if the employee’s turn according to the schedule has not yet arrived, and if he has not accumulated the allowable number of vacation days (Article 119). It is impossible to refuse on other grounds, because this would be an extremely serious violation. At the same time, we should not forget about the right of the conditional employer to independently decide at the local level about the provision of unscheduled time off, which is provided for by organizational procedures in almost all cases. As for self-paid holidays, this is explained separately by law.

Does the employer have the right not to allow vacation at his own expense?

The employer must release only if there are actual reasons specified in the disposition of the 124th Labor Code of the Russian Federation. Reasons include:

• family circumstances - only relatives in the first direct line are taken into account;
• training necessity - if the employee is studying at this time;
• an employee before maternity leave - for prescribed medical reasons;
• in case of transfer of this preference from last year;
• before actual dismissal.

If one of the described reasons exists, then the manager will not be able to not let go. In addition to them, local circumstances may also be provided for, which are prescribed in organizational acts.

Using the example of a pregnant woman, we can explain their mandatory implementation. According to the schedule, she has already used all the days, but currently the woman needs additional time to undergo medical procedures. It is difficult to combine actual work responsibilities with medical arrangements, so the only solution is to provide unpaid time off. The conditional employer, having received the completed application, will not have the right not to release the specified staff unit. The term is always agreed upon by the parties themselves.

The answer to the question is can an employer refuse to allow vacation?, lies in the depths labor law. There are situations when an employee planning a vacation may receive a justified refusal. But there are always cases when the manager is obliged to give leave upon request. An analysis of the articles of the Labor Code will help you figure out whether there are violations of the law at a particular enterprise and what to do if they don't let you go on vacation.

How to get a vacation without problems as a general rule

Main holiday

There are two main approaches to booking a vacation. Let's see in each individual case.

Rest according to schedule

The employee is going on vacation according to the established vacation schedule. The management believes that for a number of reasons this vacation will harm the company's production activities. But is it possible not allowed to go on vacation as scheduled? You can deny a subordinate such rest if:

1. obtain the employee’s consent to move the vacation to another time;
2. draw up, in accordance with all the rules, a personnel order to postpone vacation;
3. record the adjustments made in the vacation schedule.

But, what to do if you are not allowed to go on vacation as scheduled without any explanation? If the manual must be allowed on vacation according to schedule, then the employee may simply not show up for work on the first day of vacation and there will be no violation of this. Moreover, even if one of the managers did not agree with the leave, he did not put the “agree” resolution on the leave application. Moreover, you can go on scheduled leave without applying, in principle. However, this comes with some risks. So, for example, an employer may not pay vacation pay on time. For more information about this, see "". Also, if you go on vacation as scheduled and don’t even inform management about it, then it’s possible conflict situations. Despite the fact that the employee obliged to go on vacation.

Vacation on personal request outside of schedule

It happens that an employee has an acute craving or an inevitable need to take a vacation during a period other than the dates previously planned and indicated in the schedule. Then he writes an application for leave, but he must know: in this situation, the manager has every reason to refuse. And this will not at all contradict the norms of labor law.

Can a manager refuse to let you go on vacation? Yes, it can, if the vacation is not planned in the vacation schedule.

Unscheduled vacations are permitted only with the approval of the employer's management. If, after submitting an application, but without obtaining an approving visa and without signing the appropriate order, a person does not go to work, this may be regarded as absenteeism. Which gives a reason to say goodbye to such a subordinate (Article 193 of the Labor Code of the Russian Federation). And he will be able to appreciate all the delights of the process of imposing this disciplinary measure on himself.

When you can't refuse a vacation

A number of employees cannot be given leave under any circumstances. Let's list them:

1. Women in labor before maternity leave and immediately after it, or at the end of maternity leave.
   This type Leave must be given and paid every year. The right to it is secured by Article 260 of the Labor Code of the Russian Federation. It is issued at the request of the employee. Refusal is not possible.
2. Men whose spouses will soon give birth and are resting due to this(Labor Code of the Russian Federation, Article 123).
3. Employees who are at the moment and work and gain new knowledge.
   The law guarantees such persons paid rest in addition to the basic one. The source document for its execution is a special certificate of summons from a college or university (Labor Code of the Russian Federation, Articles 173-176).
4. To one of the parents permanent job which takes place in the northernmost regions of the country or in an area of ​​similar status.
   Trustees and guardians can also act as parents. Such leave is required if there is a need to accompany a person under 18 years of age to another area in the hope that he will enter a college, institute, etc. (Labor Code of the Russian Federation, Article 322).

Rest at the right time: who has the right?

Let's find out Can an employer refuse to allow you to go on vacation? employee at a suitable time? By general rule, definitely yes. If the relevant dates are not reflected in the schedule. But there are a number of exceptions from general order vacation registration.

Let's list those who are entitled to leave at a time convenient for them (Labor Code of the Russian Federation, Article 123):

1. An employee under the age of 18.
   Such workers can take 31 calendar days off (Labor Code of the Russian Federation, Article 267). And they can choose a time convenient for themselves.
2. Families of one man or woman with two or more children under 12 years of age.
   Such categories of employees have a preferential right to choose a vacation period during hot weather or other suitable times for them (enshrined in Soviet labor legislation and continues to be in effect today).
3. Employees who previously had to be called back from vacation.
   Such employees, whose annual paid vacation was reduced by an official call for business reasons, are given the choice: to use the “tail” of vacation whenever they wish during the year. Although, if they wish, they can add the remainder of the days they have not taken off to the future vacation of the coming year. (Labor Code of the Russian Federation, Article 125). Also see "".
4. Part-timers.
   If an enterprise has employees registered as part-time employees, they have the legal right to take leave during the period when they were given it at their main place of work (Labor Code of the Russian Federation, Article 286). Also see "".
5. Parent (guardian, guardian) of a child with a disability under the age of 18(LC RF, art. 262.1)
6. Wives and husbands of military personnel
   These categories of workers can count on vacation at the same time as their significant other (Law on the status of the military No. 76-FZ of May 27, 1998, paragraph 11 of Article 11).
7. Employees who have donated blood many times and received the corresponding national status(Law on blood donation No. 125-FZ of July 20, 2012, clause 1, part 1, article 23).
8. Some people associated with the Chernobyl disaster(Law on guarantees to Chernobyl victims No. 1244-1 of 05.15.1991, paragraph 5 of Art. Also see "".

In defiance of superiors

Please note: even if you are fired, the court will immediately reinstate you in your previous position. In addition, the labor inspectorate will come to your defense. The employer will be obligated (subparagraph “e”, paragraph 39, resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2, Articles 234 and 237 of the Labor Code of the Russian Federation):

• reinstate the employee in his position based on a court decision;
• pay average earnings for forced absenteeism;
• pay moral compensation (at the discretion of the court)

Mandatory holiday, but no pay

Legal norms that consolidate this right and outline the range of categories enjoying such a privilege are scattered throughout the Labor Code of the Russian Federation and special legislative acts. For clarity, we have collected the most important information to the following table.

Keep in mind: The data in the table is not exhaustive. It outlines the most common cases of applying for leave, which may not be paid. At the same time, from this table you can understand which employees the employer cannot refuse leave without pay. The employer cannot refuse to place such employees on vacation.